No, an eviction is not the same thing as a notice to vacate. A notice to vacate is a written warning that a lease will end, while an eviction is a court case to force a tenant out.
Either side can give a notice to vacate. A tenant may use it to leave, and a landlord may use it to end a tenancy. Only a court can order an actual eviction.
Table of Contents
- What does a notice to vacate do?
- Why is an eviction different?
- What happens if the tenant stays?
- Which deadline applies to you?
What does a notice to vacate do?
A notice to vacate tells the other side that the tenancy will end by a date. Zillow explains when a notice counts as a first step in an eviction case. It is not itself a removal order.
Landlords use notices for non-renewal, month-to-month termination, sale or renovation, or alleged nonpayment or lease violations. Tenants use a notice to state they plan to leave. The Linn County Sheriff in Missouri says such a notice basically directs occupants to leave within about 30 days of service.
Why is an eviction different?
An eviction is a formal lawsuit for involuntary removal. The City of Berkeley Rent Board calls the process Unlawful Detainer in California, while officials in North Carolina call it summary ejectment. It requires filing, a hearing, and a judgment.
In Massachusetts, only a judge can order an eviction. A Notice to Quit may also be called Termination of Tenancy, Notice to Vacate or Eviction Notice. It only tells the tenant to leave by a date for stated reasons.
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What happens if the tenant stays?
If the tenant does not leave, the landlord must go to court. The Carteret County Sheriff outlines how a landlord must file and win in court before removal.
Tenants should not be forced out by private help or lockouts. The Oregon Judicial Department says landlords must file a notice of restitution and have the sheriff or process server carry out removal.
- File the eviction case and win a judgment
- Wait through any appeal period
- Get a Writ of Possession
- Have the sheriff perform the removal
Which deadline applies to you?
Deadlines vary by place and reason. The City of Chelsea notes how Massachusetts notice periods vary by reason with 7-, 14- or 30-day notices. Carteret County requires at least a 10-day vacate notice before filing.
Check your local law as soon as you get or give notice. Save the notice, note the service date, and get help before the deadline passes. A short notice period moves fast.
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